If you think that a decision about your benefits is wrong you have the right to appeal to the First Tier Tribunal (Social Security and Child Support). Your case will be heard by an independent tribunal. Here, we tell you more about how to make an appeal.
Is there a time limit for requesting an appeal?
There are strict time limits for appealing. Your appeal must reach the relevant office within one month of the date that the decision about benefits was sent to you. It is possible to make a late application for an appeal, but you have to have special reasons. In these circumstances it is best to get advice (see below, 'Should I get advice?').
How do I ask for an appeal?
You must request an appeal in writing. You can write a letter but it is easier to use the official appeal form which is called a GL24 and is available at www.dwp.gov.uk/docs/gl24dwp.pdf or by ringing the office that sent the benefits decision to you.
Who should request the appeal?
It is the claimant who must request the appeal: this is the person who the decision letter was addressed to. If you claim for a child under 16 the claimant is normally a parent. If you are appointee for an adult then the appointee must ask for the appeal.
Should I get advice?
Yes, it is always best to get advice as soon as possible about appealing. You can get advice from:
- The National Autistic Society's Welfare Rights Service (call 0808 800 4104 to make an appointment to speak to an adviser)
- your local advice centre, law centre or local authority welfare rights service.
Social security law is complex and an adviser will be able to tell you about the appeal process, advise you about the law relating to your case, and explain what evidence you could collect to strengthen your case.
How long might my appeal take to be heard?
There are currently long delays caused by a big increase in the number of people asking for appeals. It normally takes at least two or three months and it is not unusual to wait for a year for a hearing date. If the tribunal decides to increase your benefit entitlement the money will be backdated. If things change while you are waiting for the hearing (for example, the rules about benefits or your personal circumstances), you might want to make a new claim.
Can my benefit go down as well as up?
Yes. The tribunal will look at the case afresh and can replace the decision that has been made with a new decision that they think is correct. It is best to get advice so you can make an informed decision about the risk to your existing entitlement.
Should I attend the hearing?
It is better to attend the hearing, because you will have a greater chance of success. You will have the opportunity to explain your case to the tribunal. If you choose not to attend the hearing you should make sure that you put everything that you want to say in writing and send this to the tribunal in advance.
I claim benefits on behalf of a child under 16, or am appointee for an adult. Do they need to come to the hearing?
Only the claimant or appointee has to attend the hearing, so a child or an adult who has an appointee does not need to attend. You can choose to take the child or adult who you claim benefits for if you think that would help the tribunal to understand your case.
What if I can't attend the hearing?
If you cannot attend the hearing and you want it postponed you must apply in writing to the clerk to the tribunal saying why you want a postponement. It is always best to ring before your hearing takes place to check if a postponement has been agreed. If you do not attend and you have not obtained a postponement, the tribunal is likely to hear the case without you.
Who can I take with me to the hearing?
It is important to distinguish between a 'representative' and other people who may come with you to the appeal hearing.
A representative is an adviser who is experienced in representing people at tribunals and who knows about social security law. Organisations such as local advice centres, law centres and local authority welfare rights services may provide this service and will not charge you for it. A representative will explain the law to you, help you to collect evidence and may represent you at the hearing. You do not have to have a representative; the hearing is set up to be accessible to a person without a representative. But you do have a better chance of success if you have representation.
You can also take a friend, family member or professional to the appeal hearing. They can support you and help you to explain your case. They will not know about the law, but can help you because they will know about your situation.
Travel and other expenses
You can claim for reasonable expenses. Contact the tribunal service before the hearing to agree what expenses they will reimburse you for. If for any reason you cannot use public transport, they will pay for taxi fares. Keep relevant receipts or tickets.
Who will be at the hearing?
There is always a judge who is legally qualified, and up to two other members who are a doctor and a person who has experience of disability. Disability Living Allowance appeals are heard by all three, Employment and Support Allowance appeals by a judge and a doctor. Occasionally the Department for Work and Pensions will send a presenting officer. It is their job to attend the hearing as the representative of the Department for Work and Pensions, they will not be the person who made the decision that you are appealing against.
What will happen at the hearing?
Tribunals tend to he held in a large office room. There is normally a big table in the middle, you and anyone you bring with you sit on one side, and the tribunal members sit on the other side of the table. The clerk often has a small desk in the corner of the office and might come in and out of the room whilst the appeal is being heard.
The tribunal should consider all the facts, evidence, and law relevant to your case. They will ask you questions to help them to understand the situation and make a decision.
The tribunal can usually only consider whether a decision was correct at the time it was made; if your circumstances have changed since this time you may wish to consider putting in a fresh claim.
Remember that before the tribunal members meet you all they know about the case is what is in the appeal papers. Think about what you want to say to them to explain what the real situation is. To help you to remember you could make a list of points that you want to make, or things that you want to explain in the hearing.
The tribunal members are genuinely independent and had nothing to do with the original decision. Although you may be angry and upset about the decision try not to direct it at the tribunal members.
Do not take lots of extra evidence to the hearing; send this in to the Tribunal Service in advance. If you arrive with lots of extra paperwork the tribunal are likely to postpone the hearing because they will not have time to read all the new evidence.
When will I get a decision?
Usually you are told of the decision at the hearing and you are given a decision notice confirming it. If the tribunal is not able to give you a decision on the day, the decision notice should be sent to you later by the clerk.
What if I am unhappy with the tribunal's decision?
If you are not happy with the tribunal's decision you have the right to ask for a 'statement of reasons'. This will tell you why the tribunal reached the decision they did.
You must ask for a statement of reasons in writing within one month of the initial decision notice, and it should be sent to you within one month.
You can then ask for the decision to be set aside or you can seek leave to appeal to the Upper Tribunal. You have one month from the date you receive the full decision to do this. Challenging a tribunal's decision is complex and it is best to get advice.
You can get advice from:
- The National Autistic Society's Welfare Rights Service (call 0808 800 4104 to make an appointment to speak to an adviser)
- your local advice centre, law centre or local authority welfare rights service.